AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
THE AQUACULTURE, INLAND AND MARINE
LICENSING AND EXPORT) ACT'
PRODUCTS AND BY-PRODUCTS (INSPECTION,
ARRANGEMENT OF SFCIIONS
PART I. Preliminary
1. Shm title.
2. Interpretation.
3. Objects of Act.
PART II. lnspedion and Certification of Aquaculture,
lnland and Marine Products and
their By-products
4. Designation of inspeotors.
5. Funotions of h ~ r s .
PART III. Administration
6. Functim and duties of competent authority.
7. Establishment of Veterinary (hnmiw.
8. Fundions and duties of Veterinary Committee.
PART IV. Restrictions on Export of Aquaculture. Inlrmd
and Marine Products and their By-products
and Operation of Prmessing Establishments,
Factory Vessels, Freezer Vessels
and Cartier Vessels
9. Restriction on export of aquaculture, etc.
PART V. Application, Grant, Refusal, Renewal, Suspension
and Revocafion of Licence and Appeal
10. Application for licence to export aquaculture, etc.
11. Application to operate processing establishment, etc.
12. Grant or refusal of licence by competent authority.
13. Non-transferability and validity of licence.
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Grounds for refusal to issue licence.
Renewal of licence.
Identification numbers.
Restriction on grant of licence retrospeotivsly.
Suspension of licence.
Revocation of licence.
Appeal.
PART VI. Certificates and Records
Operating certificate to be displayed.
Export health certificate.
Records, etc.
PART VII. Oflences and Penalties
Offence of exporting aquaculture, etc., without licence.
Offence of processing for export or operating plant, etc., unlaw-
Offence of harvesting, etc., in mapproved area.
OtFence of exporting aquaculture, etc., without official identifica-
Offence of operating establishment, etc., wi tha t licence.
Offence of mmptim, a., by authorized officer.
Offence of making false or misleading statematS.
OfFence of threatening, etc., authorized officer.
mence of failure to keep records and documents.
fully*
tion number.
PART VIII. Enforcement
General powers of entry, inspection and seizure.
Vehicles, etc., may be seized and detained.
Procedum regarding appliwtim for fcnfeitwt.
sealdl-
PART D(. &nt?fal
Regulaitions.
Aot apples to the Crown.
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
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THE AQUACULTURE, INLAND AND MARINE
Isof Ad PRODUCTS AND BY-PRODUCTS (INSPECTION,
LICENSING AND EXPORT) ACT
[26th Mar& 1999.1
PART I. Preliminary
Marine Products and By-products (Inspection, Licensing
and Export) Act.
1. This Act may be cited as the Aquaculture, Inland and shot
2.-( 1) In this Act, unless the context otherwise requires- In- tiOll.
“aquaculture” means the controlled propagation,
growth or harvest of aquatic animals or plants, in-
cluding fish, amphibians, shellfish, molluscs, m s -
taceans, algae and vascular plants and includes sea-
water or freshwater fish or crustaceans caught in
their natural environment when juvenile;
“article” includes a substance or mixture of substances;
“authorized officer” means-
(a) any member of the Jamaica Constabulary
Force or the Jamaica Defence Force;
(b) any public officer designated-
(i) a Fishery Inspector under the
Fishing Industry Act;
(ii) a Marine Officer under the Ex-
clusive Economic Zone Act and
the Maritime Areas Act;
(c) an Inspector,
and any other person acting in aid of such person
acting in the execution of his office or duty shall be
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deemed to be an officer acting in the execution of his
office or duty;
“by-product” means any part of an aquaculture, inland
or marine product that is processed in whole or in
part for export;
“carrier vessel” means any motorized mother, fishery
or fishing boat or ship used only for carriage of
aquaculture, inland or marine products or their
by-products;
“competent authority” means the Veterinary Services
Division of the Ministry responsible for agriculture;
“consignment” means any quantity of aquaculture, in-
land or marine products or their by-products
harvested or handled in a licensed processing
establishment, licensed factory vessel, or licensed
carrier vessel and intended for exlxu2;
“consignor” means a person who exports aquaculture,
inland or marine products or their by-products;
“enter for export” means the presentation of aqua-
culture, inland or marine products or their by-
products, or shipping documents therefor, to a
customs officer for the purpose of shipping or to
make arrangement for shipping;
“equipment” includes machines, machinery, fixed or
moveable devices, implements, apparatus, utensils,
appliances, attachments, fittings and fixtures, gears,
gadgets, tackles, accessories and contraptions;
‘‘export” means to take or cause to be taken out of
Jamaica or the waters thereof;
“export health certificate” means a certificate issued
by the competent authority, authorizing the export
of a consignment;
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
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“factory vessel” means any motorized mother, fishery
or fishing boat or ship on which aquaculture, in-
land or marine products or their by-products
undergo post-harvesting, processing or packaging
for export;
“freezer vessel” means any motorized mother, fishery
or fishing boat or ship on which only the freezing
of aquaculture, inland or marine products or their
by-products takes place;
“fit for export” means conforming to the standards for
export prescribed by this Act or any regulations
made hereunder;
“functions” includes powers and duties;
“handling” means the touching, lifting, managing, carry-
ing or any other activity involving contact with any
aquaculture, inland or marine product or its by-
product;
“health mark” means a mark affixed in the prescribed
manner to the packaging of aquaculture, inland
or marine products or their by-products for export;
“harvesting” means the gathering of any live aqua-
culture, inland or marine product or its by-product;
“identification number” means the number assigned in
the prescribed manner to each licence, operating
certificate, licensed establishment or licensed vessel;
“idand product” means any aquatic animal or plant
taken from any river, stream, estuarine area or
any naturally occurring body of fresh water;
“inspector” means a person designated as an inspeotor
under section 4;
“Jamaica” includes the Exclusive Economic Zone
established under section 3 of the Exclusive Em-
nomic Zone Act;
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“licence” means a licence granted under this Act;
“licensed processing establishment” means a processing
establishment operated by a licensee;
‘‘licensed vessel” means a factory vessel, freezer vessel
or carrier vessel operated by a licensee;
“licensee” means a person to whom a licence is granted
under this Act;
“marine product” includes fish, lobster, conch, bivalve
molluscs, marine gastropods, shrimps and all aqua-
tic animals, or the parts thereof, and their roe;
“operator” mans the owner, director, controller or
other person in charge of or responsible for the
operations of a processing establishment, factory
vessel, freezm vessel, carrier vessel, and includes
a charterer, lessee and master;
“operating certificate” means a certificate issued by the
competent authority signifying that a processing
establishment, factory vessel, freezer vessel, carrier
vessel or consignor is licensed under this Act;
“packaging” means the procedure of protecting aqua-
culture, inland and marine produds and by-
products by a wrapper, container or any other
suitable device, and “package” shall be construed
accordingly;
“post-harvest handling” means gutting, beheading,
bleeding, removal of fins and icing;
“processing” means heating, smoking, salting, marinat-
ing, dehydration, chilling, filleting, slicing, skinning,
mincing, or combinations thereof or any other
physical or chemical treatment of any aquaculture,
inland or marine product or its by-product but
does not include post-harvest handling;
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
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“processing establishment” means my premises in
which aquaculture, inland or marine products or
their by-products are processed, handled or stored
for export;
(a) any sea, river, stream, estuarine or lagoon
areas or any naturally occurring body of
fresh water, containing natural deposits of
inland or marine produots; and
(b) man-made sites used for the cultivation of
aquaculture and inland and marine products;
“relay area” means any sea, estuarine or lagoon area or
man-made site approved by the compatent author-
ity with boundaries clearly marked and indicated
by buoys, posts or any other fixed means and
used exclusively for the natural purification or bi-
valve molluscs;
“Veterinary Committee” means the Veterinary Com-
mittee established under section 7.
“production areas” means-
(2) An authorized officer shall, in the execution of his
duties under this Act, have, exercise and enjoy all the powers,
authority, privileges and immunities of a Constable under
the Constabu(imy Force Act.
3. The objects of this Act shall be- objects of
(a) to advance public health and safety standards in
the export of aquaculture, inland and marine pro-
duds and their by-products intended for human
consumption;
(b) to specify and maintain international standards of
production, harvesting, processing, handling, stor-
age and transport of such products and by-produots
.
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and to establish systems for ensuring rapid adop-
titon and, where necessary, reinforcement of such
standards;
(c) to monitor the hygiene and sanitary conditions of
vesselsand establishments engaged in the procesSing
of aquaculture, inland and marine products and
their by-products.
PART 11. Inspection and Certification of Aquaculture,
Inland and Marine Products and their
By-products
Wicat ion
of inspec-
rots.
4.-(1) The Minister may, from time to time, designate
as inspectors for the purposes of this Act, public officers or
other persons who, by training and experience, are, in his
opinion, qualified to be so designated.
(2) Each inspector shall be furnished with an identi-
fication card and shall, on entering any place for the purpose
of carrying into effect any of the functions specified in
section 5, produce the idenltification card when required.
(3) The designation of any person as an inspector shall
be published in the Gazette.
prupctions of
insipectonr.
5.-( 1) The functions of an inspector shall b e
(a) to inspect processing establishments, factory vessels,
freezer vessels or carrier vessels in order to-
(i) ensure compliance with provisions of this
Act or any regulations made hereunder or
any condition subjeot to which a licence is
granted;
(ii) examine the premises, facilities, equipment
and staff in order to determine whether they
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
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(b)
comply with the requirements of the Public
Health Act and this Act or any regulations
made hereunder with respect to standards
of sanitation and hygiene;
(iii) verify whether aquaculture, inland and
marine products and their by-products and
any equipment, material or other item used
or found in any processing establishment,
factory vessel, freezer vessel or carrier vessel
are handled and treated correctly;
(iv) ensure the correct application and function-
ing of purification and conditioning systems;
(v) monitor the use of health marks;
(vi) determine the suitability of any processing
establishment, factory vessel, freezer vessel
or carrier vessel for the processing of aqua-
culture, inland or marine products or their
by-products to be granted a licence and an
operating certificate under this Act or any
regulations made hereunder;
to monitor the relay and production areas of aqua-
culture, inland and marine products for the pur-
poses of-
(i) controlling any malpractice with regard to
the origin and destination of aquaculture,
inland and marine products and their by-
products;
(ii) determining the microbiological quality of
live marine products in relation to such
areas;
(iii) detecting the presence of toxin-producing
plankton, biotoxins and chemical contami-
nants in aquaculture, inland and marine
products and their by-products;
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to monitor the implementation of any plans or
schemes established by the comptent authority;
to examine any aquaculture, inland or marine pro-
duct or its by-product;
to certify for export, any such aquaculture, inland
or marine product or its by-product;
to take samples of any aquaculture, inland or
marine product or its by-product or any other
article, from any place within a licensed processing
establishment or licensed vessel in order to deter-
mine whether proper sanitary conditions are being
maintained;
to inspect any container, vehicle, aircraft or vessel
which is used or intended to be used far the storage
or transportation of aquaculture, inland or marine
products or their by-products;
to open and examine any container, vehicle or
ether storage device at licensed processing estab-
lishments or on licensed vessels which is reason-
ably believed to contain any aquaculture, inland
or marine product or its by-product;
to tag-
(i) any aquaculture, inland or marine products
or their by-products and any container or
package in which they are stored, which
Contravene or which the inspector believes
to contravene the requirements of this Act
and any regulations made hereunder; and
(ii) any equipment which is not in use or should
not be used;
to give directives to the owner, agent or person in
charge of any container, vehicle, aircraft, boat or
vessel which is used or intended to be used fm the
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
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If
storage or transportation of aquaculture, inland or
marine products or their by-products;
(k) to examine and, where necessary, make copies of
or take extracts from any records and documents
in relation to any aquaculture, inland or marine
products or their by-products which consignors are
required to keep pursuant to this Act or any regula-
tions made hereunder.
(3) An inspector may-
(a) in accordance with the provisions and procedures
(i) detain any aquaculture, inland or marine
products or their by-products or any article
which is at a processing establishment,
factory vessel, freezer vessel or camer vessel,
if he reasonably believes that there is a con-
travention of any provision of this Act or
those regulations;
(ii) condemn, seize and destroy any aquaculture,
inland or marine products or their by-
products that are detained pursuant to sub-
paragraph (i);
(b) prohibit the receipt, storage or transportation for
the purposes of export, or the export or entry for
export of any aquaculture, inland or marine pro-
duct or its by-product that he believes on reason-
able grounds were harvested, handled or processed
in contravention of this Act or any regulations
made hereunder.
specified in regulations made under section 37-
PART TII. Administration
6 . 4 1 ) For the purposes of this Act, the competent 22;;:
authority shall- of man* (a) develop and implement policies and programmes au&odw. tent
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to safeguard the public health of consumers of
aquaculture, inland and marine products and their
by-products;
provide appropriate training programmes and con-
sulting services relating to all aspects of the pro-
duction, harvesting, processing, handling, storage
and transport of aquaculture, inland and marine
products and their by-products;
grant licences and operating certificates-
(i) in respect of the exportation of aquaculture,
inland and marine products and their by-
(ii) for the operation of processing establish-
ments, factory vessels, freezer vessels and
carrier vessels;
p o d U G t S ;
promote public awareness and understanding of
issues related to the production, harvesting, pro-
cessing, handling, storage and transport of aqua-
culture, inland and marine products and their
by-products;
ensure and verify that only live aquaculture, in-
land and marine products are harvested exclusively
from approved demarcated production areas;
establish and maintain an official register of all
licensed processing establishments, licensed vessels
and consignors;
compile a list of licensed processing establishments,
licensed vessels and consignors;
issue an export health certificate for each consign-
ment in accordance with this Act and any regu-
lations made hereunder;
operate and maintain appropriate laboratories for
the purpose of this Act;
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establish systems for obtaining the assistance of
such other laboratories as the competent authority
considers necessary;
assign an identification number to every licensed
processing establishment, licensed vessel and con-
signor;
demarcate and approve production areas, or make
changes to areas so demarcated from which aqua-
culture and inland and marine produots shall be
harvested for export;
(m) compile a list of production areas referred to in
paragraph ( I ) or changes thereof and publish that
list in the Gazette.
monitor demarcated production areas to ensure
compliance with the provisions of this Act and any
regulations made hereunder;
order the closure of demarcated production areas
for the purposes of prohibiting the harvesting of
aquaculture, inland and marine products or as the
case may be, particular types of aquaculture, in-
land or marine products or their by-products;
perform such other funotion8s pertaining to the
export of aquaculture, inland and marine products
and their by-products as may be assigned to it,
from ltime to time, by the Minister.
7. There is herehy established a Veterinary Committee for -Hi&-
shall have effect as to the constitution of the Veterinary Can- ez.
mittee and otherwise in relation thereto.
the purposes of this Act and the provisions of the Schedule mal4 of
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Functions and duties of 8.-(1) The functions of the Veterinary Committee shall
(a) to determine, after consultation with the competent
authority, the method of shipment and packaging
necessary for transport of aquaculture, inland and
marine products and their by-products;
(6) to consult with the competent authority on matters
under this Act requiring such consultation;
(c) to carry out such investigations as it considers
necessary in relation to the operation of any
licensed processing establishment, licensed vessel,
or any consignor;
(4 to prepare and submit to the competent authority,
annual reports regarding the export of aquaculture,
inland and marine products and their by-products;
(e) to adivse the comptent authority on general policy
relating to the export of aquaculture, inland and
marine products and their by-produots or any other
matters in respect of which advice is sought by the
competent authority;
(f, to initiate, carry out or support, research which,
in its opinion, is relevant to any of its functions;
and
(g) to perform such other functions pertaining to the
export of aquaculture, inland and marine products
and their by-products as may be assigned to i,t
from time to time by the Minister.
(2) The Veterinary Committee shall make recam-
(a) in respect of the grant of licences and operating
certificates in respect of processing establishments,
factory vessels, freezer vessels, carrier vessels and
consignors; and
Veterinary be-
cmnnlittec.
mendat ions-
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AQUACULTURE, I N L A N D AND MARINE PRODUCTS AND
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(b) the export of aquaculture, inland and marine pro-
ducts and their by-products.
(3) In the exercise of its functions under this Aot the
Veterinary Committee may-
(a) summon and examine witnesses;
(b) require the production of documents; and
(c) administer oaths.
PART W . Restrictions on Export of Aquaculmre,
Inland and Marine Products and their
By-products and Operation of Process-
ing Establishments, Factory Vessels,
Freezer Vessels and Carrier Vessels
9. Except under and in accordance with the provisions of on export this Act and any regulations made hereunder, no person of aqua-
(a) export or enter for export any aquaculture, inland
or marine products or their by-products; or
db) operate a processing establishment, factory vessel,
freezer vessel or carrier vessel for the production,
harvesting, processing, handling, storage or trans-
polt of any aquaculture, inland or marine product
or its by-product for export.
mktute, shall- etc.
PART V . A pplicutioit, Grant, Refusal, Renewal,
Suspension and Revocation of Licence
and Appeal
1 0 . 4 1 ) Every person who proposes to export or enter $Fig!:
for export any aquaculture, inland or marine product or its to e m r t
by-product shall apply in the prescfibed form and manner etc.
to the competent authority for a licence to do so.
aquaarlture.
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Applictition
r~ opeFte
processing
establish-
men,t. etc.
Grant or
refusal of
licence by
conpetent
authority.
AQUACULTURE, lNLAND A N D M A R l N E PRODUCTS AND
BY-PRODUCTS (INSPECTION, LlCENSlNG A N D EXPORT)
(2) An application under subsecition (1) shall be
accompanied by the prescribed application fee and such
information or document, if any, as the competent authority
may require.
11.-(1) Every person who proposes to operate a pro-
cessing establishment, factory vessd, freezer vessel or carrier
vessel shall apply to the competent authority in the Fe -
scribed form and manner for a licence to do so.
(2) An application under subsection (1) s h d be
accompanied by the prescribed application fee and such
information or document, if any, as the competent authority
may require.
12.41) Upon receipt of an application under section 11
the competent authority shall cause an inspeotor to carry
out an inspection of the processing establishment, factory
vessel, freezer vessel or carrier vessel to which the application
relates.
(2) The inspector shall submit to the competent
authority a report in the prescribed form in respeot of an
inspection carried out pursuant to subsection (1).
(3) The competenlt authority may-
(a) grant a licence upon payment of the prescribed
licence fee; or
(b) refuse to grant a licence.
(4) A licence granted under this section shall be
subjecit to such terms and conditims as may be specified
therein.
(5) Where the competent authority grants a licence
under this section it shall issue an operating certificate to
the licensee.
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(6) Where the competent authority refuses to grant
a licence under this Act, it shall so inform the applicant in
writing stating the reasons therefor.
13. A licence granted pursuant to this Act shall not be E;:;yc-
transferable and shall be valid for such period, not exceed- and validity
ing twelve months as is specified therein. of licence.
14.-(1) The competent authority may refuse to grant a
where the Veterinary Committee recommends such
licence under this Act- tw issue
licence.
refusal on the ground that the issue of the licence
would not be in the public interest, having regard
to such faotors as the Veterinary Committee con-
siders relevant;
where an application contains or is based on a
false or misleading representation or information
which is false in a material particular;
to an individual who-
(i) is under the age of eighteen years;
(ii) is an undischarged bankrupt; or
(iii) has been convicted during the period of ten
years immediately preceding the application
of an offence specified in subsection (2);
(i) in respect of which a resolution has been
passed for voluntary winding up or an order
has been made by a court of competent
jurisdiction for its winding up;
(ii) if a receiver has been appointed to manage
any of its assets;
to a body corporate-
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18 AQUACULTURE, INLAND AND MARlNE PRODUCTS AND
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(iii) if, during the period of ten years immediately
preceding the application any of its dir-tors
has been convicted of an offence specified
in subsectimon (2); or
(iv) which has been convicted during the period
of five years immediately preceding the
application of an offence under this Ad.
(2) The offence referred to in subsection (1) is-
(U) an offence against this Act or any regulations made
hereunder;
(6) an offence involving fraud or dishonesty; or
(c) an offence under the Dangerous Drugs Act.
Renewalof kicealce. 1 5 . 4 1 ) A licence granted pursuant to this A d may be
(a) application for such renewal is made not later than
thirty days before the date of expiry or within such
longer period as the m p e t e n t authority may allow;
(b) the competent authority is satisfied that-
renewed by the competent authority if-
6)
(ii)
(iii)
the applicant is operating in compliance
with the provisions of this Acit or any
regulations made hereunda;
the equipment in the licensed establishment
or licensed vessel is being operated in an
efficient and hygienic manner;
only those export operations for which the
establishment or vessel is licensed are being
carried out by the applicant;
(c) the applicant has paid-
(i) any fee charged by the competent aulthority
for services performed at, or in respect of,
w
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
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the establishment or vessel to which the
application relates;
(ii) any other fees or charges payable pursuant
to this Act or any regulations made here-
under in relation to that establishment or
vessel;
(d) there has been no material change in the circum-
stances which existed at the time the licence was
granted which would justify the application being
treated as a new application in accordance with
subsection (2);
(e) the applicant or his servant or agent has not been
convicted of an offence specified in section 14 (2).
(2) Where-
(a) an application for the renewal of a licence is made
after the expiration of the period specified in sub-
section (1) (a); or
(6) the competent authority is satisfied that a material
change of circumstance has occurred since the
licence or certificate was granlted,
it shall treat the application as a new application, and
accordingly, the provisions of sections 10, 11, 12 and 14 shall
apply to that application.
16.-(1) where the competent authority grants a licence Idatifica-
for the operation of a processing establishment, factory
vessel, freezer vessel or carrier vessel, it shall-
~(a) allot an identification number to that establishment
or vessel; and
(b) specify in the licence so granted-
(i) the export operations to which the licence
relates; and
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20 AQUACULTURE, ZNLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
(ii) the identification number allotted pursuant
to paragraph (a).
(2) The number so assigned shall be affixed in the
prescribed manner to the packaging of any product or by-
product which is examined by an inspector and found to be
in good condition and fit for export.
Restriation
on grant of
licence
retrospec-
tively.
17. The campetent authority shall not issue a licence
retmspectively in respeot of any aquaculture, inland or
marine produot or its by-product.
ShLspenGon 18.+(1) Subject to subsection (2), the competent authority
(a) the licensee has failed to pay any fees or other
charges required by this Act or any regulations
made hereunder;
(b) the licensee is in breach of-
of licence. may suspend a licence if-
(i) any provision of this Act or any regulations
made hereunder; or
(ii) any term or condition subject to which the
licence is granted;
(c) it is satisfied that it is not possible to carry out a
proper inspection of products and by-produots
processed by the licensee at an estabXshment or
vessel;
(d ) a licensee notifies the competent authority in writing
that he intends to cease the operations for which
he is licensed for the period stated in the notice.
(2) Before suspending a licence under subsection (1)
(a), (b) or (c), the competent authority shall notify the
licensee in writing of the p~oposed suspension-
((a) stating the reason therefor;
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND 21
BY-PRODUCTS (INSPECTION, LlCENSING AND EXPORT)
(b) requiring the licensee, in the case of a breach, to
remedy the breach within the time specified in the
notice.
(3) A licensee who is served with a notice under
subsection (2) shall, after remedying the breach which gave
writing that the breach has been remedied.
rise to the suspension, ndify the competent authority in ..
(4) The competent authority shall, upon receipt of a
notice referred to in subseotion (3), cause an inspection to
be carried out and if on inspection, the inspeotor is satisfied
that the breach has been remedied, he shall report in writing
to the competent authority which shall withdraw the notice
of suspension.
19.-(1) The competent authority may revoke a licence Revlocation
if it is satisfied that- of licence.
a licensee has ceased to comply with the provisions
of this Act or any regulations made hereunder in
relation to the licensed processing establishment,
vessel or export operations;
the application for the licence contained any false
or misleading information in any material
particular;
the licensee has failed to remedy a breach which
gave rise to a suspension of the licence under
section 18, witthin the time specified in a notice
under subsection (2) of that section;
any fee or other charge payable by the licensee
remains unpaid for a period of ninety days after
the suspension of the licence.
(2) Where a licence is revoked pursuant to this
section-
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22 AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
(a) any export health certificate issued to an operator
or consignor shall cease to be valid;
(b) the licence shall be returned forthwith to the com-
petent authority.
A M . 20.-(1) A person who is aggrieved by the decision of the
competen,t authority not to grant a licence or to suspend or
revoke his licence may appeal in writing to the Minister
within fourteen days of the date of notification of the
decision.
(2) The appeal shall set out the grounds of the appeal
and shall be accompanied by copies of any correspondence,
documents or statements relevant to the appeal.
(3) Notice in writing of the appeal together wicth
copies of any correspondence, documents or statements
referred to in subsection (2) shall be served on the com-
petent authority.
(4) The Minister shall, within seven d a p of the
receipt of an appeal under subsection 4 0 , request the
competent authority to furnish him, within seven days, with
a statement in writing setting out the reasons for its decision.
( 5 ) The Minister may order that any books, pF,
documents or sitatements relating to the appeal which are in
the possession of the person aggrieved or the cornwent
authority be produced at the hearing of the appeal.
(6) The Minister shall cause all parties to the appeal
to be informed-
(a) of the date of the hearing of the appeal;
(6) that they may appear in person or by their repre-
sentative; and
(c) that they may summon witnesses in their muse.
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
23
PART VI. Certificates and Records
21. Every licensee shall display the operating certificate x;
issued to him in a conspicuous place in the licensed establish- to ba dis-
ment or licensed vessel. &d.
22. Every licensee shall apply to the competent authority Fs;
for an export health certificate in resped of every consign- ~ m i ~ k .
ment of aquaculture, inl,and and marine products and their
by-prdUcts.
23. Every licensee shall keep such books, documents, f*yd"
records or things as may be prescribed.
PART VII. Offences and Penalties
24. Every person who exports or enters for export any Offence cd
aquaculture, inland or marine product or its by-product
without a valid licence or export health certificate under
this Aat or any regulations made hereunder commits an
offence, and is liabIe on summary conviction in a Resident
Magistrate's Court to a fine not exceeding one mi'2lion
dollars or to imprisonment for a term nQt exceeding two
years or to both such fine and imprisonment and, where the
offence is conltinued after convidiqn, that person commits a
further offence and is liable on summary conviction as afore-
said to a further fine not exceeding fifty thousand dollars
per day for each day on which the offence is so conltinued.
25. Every person who-
(a) exports or enters for export any aquaculture, inland
or marine product; or
(b) operates any processing establishment, facrtory
vessel, freezer vessel or carrier vessel or any other
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24 AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
facility or installation for the purpose of harvesting,
handling or processing for export, any aquaculture,
inland or marine product or its by-produd,
in contravention of this A& and any regulations made here-
under, commits an offence, and is liable on summary con-
viction in a Resident Magistrate’s Court to a fine not
exceeding one million dollars or to imprisonment for a
term not exceeding two years or to both such fine and
imprisonment, and where the offence is continued after con-
viction, he commits a further offence, and is liable on
summary conviction as afo’maid to a further fine not
exceeding fifty thousand dollars per day for each day on
which the offence is so continued.
mence of
in
awroved rea.
26. Every person who harvests, handles or processes for
export or who exports any aquaculture, inland or marine
product or its by-produclt originating in an area which is
not approved by the competent authmority under this A d
commits an offence, and is liable on summary conviction in
a Resident Magistrate’s Court to a fine not exceeding one
million dollars or to imprisonment for a term not exceeding
two years or to both such fine and imprisonment, and
where the offence is continued after conviotion, that person
commits a further offence, and is liable on summary con-
viction as aforesaid to a fine not exceeding fifty thousand
dollars per day for each day on which the offence is so
continued.
harvesting
Offen- of 27. Any person who exports or enters for ex-, any
exporting
aquaculture, aquaculture, inland or marine product or by-product with-
etc., without
ide&=- out an identification number affixed to the packaging thereof
t i o n n m - as required by this Act and regulations made hereunder.
ber.
commits an offence and is liable on summary conviction in
a Resident Magistrate’s Count to a fine not exceeding four
frhe inclusion of this page is authorized by L.N. 3/2001]
AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
25
hundred thousand dollars or to imprisonment for a term
not exceeding six months or to both such fine and im-
prisonment.
28. Any person who operates his business for the purposes men- of
of export of aquaculture, inland or marine product or its establish-
by-product in any period during which his licence is ;;:$*’-
suspended or revoked, commits an offence and is liable on *l~~nce-
summary conviction in a Resident Magistrate’s Court to a
fine not exceeding two million dolllms or to imprisonment
for a term not exceeding three years or to both such fine and
imprisonment, and where the offence is continued after con-
viotion he commits a further offence and is liable on
summary conviction as aforesaid to a further fine not
exceeding one hundred thousand dollars per day for each
day on which the offence is so continued.
operating
29. Any authorized officer who in the performance of his Wence of
OoIl-UptiOD,
etc., by
au%horized ((a) accepts a bribe in cash, gods, service or kind; or 0fi-r.
functions under this Act-
(b) falsifies any record or report,
commits an offence and is liable on summary conviction in
a Resident Magistrate’s Coud to a fine not exceeding one
million dollars or to imprisonment for a term not exceed-
ing twelve months or to both such fine and imprisonment.
30. Every person who- Offence of -
(a) for the purposes of obtaining, whether for himself false 0~
misleading or for any other person, the issue, grant or renewal statements.
of any licence under this Act, makes any declaration
or statement which is false or misleading in any
particular;
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26 AQUACULTURE, I N L A N D A N D M A R I N E PRODUCTS A N D
BY-PRODUCTS (INSPECTION, LICENSING A N D EXPORT)
(b) knowingly furnishes to an authorized officer any
document containing information which is false or
misleading;
(c) knowingly utters, produces, or makes use of any
such declaration or statement or any document
containing any false declaration or statement;
(d) falsifies or amends any information contained in a
licence or operating certificate,
commits an offence and shall be liable on summary con-
viotion in a Resident Magistrate‘s Court to a fine not ex-
ceeding two million dollars or to imprisonment for a term
not exceeding three years or to b t h such fine and imprison-
ment.
Offenceof 31. Any person who threatens, assaults or obstruots an
etc., author- authorized officer acting in the execution of his duties under
OffiiCer. this A d commits an offence and shall be liable on summary
conviotion in a Residenit Magistrate’s Court to a fine not
exceeding two hundred thousand dollars or to imprisonment
for a term not exceeding twelve months.
threatening,
Offence of
kbbpTeQ)fds
ments.
32. Every person who- failure to
(a) fails to keep any records or other documents
required by this A d or any regulations made here-
under;
(b) fails, without reasonable excuse, to produce any
such books, records or other documents,
commits an offence and shall be liable on summary con-
viotion in a Resident Magistrate’s Court to a fine not exceed-
ing two hundred thousand dollars, or to imprisonment for
a term not exceeding six months or to both such fine and
imprisonment.
and dmu-
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
PART VIII. Enforcemenl
33.41) An authorized officer (other than a person
referred to in paragraph (a) of the definition of “authorized
officer” in section 2 (1) may, for the purpose of the execu-
tion of this Act, enter at all reasonable !times the business
pramiises of any person exporting or suspwted of exporting
any aquaculture, inland or marine produot or its by-product
and inspect any book, document, permit, certificate or
record or things relating thereto.
(2) An authorized officer referred to in suibseotion
(1) may, during the course of an inspection pursuant to
subsection (l), seize and detain-
(a) any product or by-produot found therein; or
(6) any equipment or other article found therein,
which the authorized officer reasonably believes is being used
in contravention of any provision of this Act.
34.-( 1) Where an authorized officer referred to in section
(a) any aquaculture, inland or marine product or its
by-product; or
(6) any vehicle, aircraft, vessel, article, enclosure, con-
tainer or other storage facility, device or apparartus
(hereinafter referred to as “specified equipment”),
is being used or has been used in the commission of an
offence against this Act, such authorized officer may, with-
out a warrant, search the specified equipment, and if such
search reveals evidence that the specified equipment is being
used or has been used for the commission of any offence
as aforesaid, the authorized officer may seize and detain the
specified equipment.
33 has reasonable cause to suspect that-
[The inclusion of this page is authorized by L.N. 3/2001]
27
o e a d
powers of
entry,
Inspeotion,
and seizure.
V&alU,
etc., may be
seized and
data;insd,
28 AQUACULTURE, INLAND AND MARINE PRODUCTS A N D
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
(2) Where a person is convicted of an offence under
this Act in relation to which any specified equipment seized
and detained under subseation (1) is used in committing the
offence, the Court may, on an application by the Director
of Public Prosecutions order that the specified equipment
be forfeited to the Crown.
Procedures
regarding
application
for for-
fdture.
35.-(1) Where the Director of Public Prosecutions pro-
poses to apply to the Court for an order of forfeiture under
subsection (2) of section 34 the Director of Public Pro-
secutions shall, subject to subwion (4) of this section, ndify
in writing the owner of and any person (if known) having an
interest in the specified equipment that he proposes to apply
for such an order.
(2) The owner or other person notified under sub-
section (1) may appear before the count at the hearing of
the application and show cause why the specified equipment
should not be forfeited.
(3) Where the Direotor of Public Prosecutions is un-
able to ascentain the owner of or any person having an
interest in any specified equipment to which this section
applies, he shall publish a notice in a daily newspaper circu-
lating in Jamaica regarding the intention to apply to the
Court for an order for forfeiture, not less than thirty days
prior to the application.
(4) Notice shall not be required under subsection (1)
if the seizure or detention of the specified equipment was
made in the presence of the owner or person having an
interest in the specified equipment.
( 5 ) If, upon the application of a person prejudiced
by an order made under subsection (2) of section 34, the
Court is satisfied that it is just in the circumstances of the case
to revoke such order, the Court may revoke such order
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
upon such terms and conditions, if any, as it deems appro-
priate, and without prejudice to the generality of the fore-
going, may require such person to pay in respect of storage,
mainltenance, administrative expenses, security and insur-
ance of the specified equipment, such amount as may be
charged by the person in whose custody the specified
equipment was kept.
(6) An application to the Court under subseation (5)
for the revocation of a forfeiture order shall be made within
thirty days of the date of the making of such an order or
such longer period not exceeding six months, as the Court
may allow
36, Where a Justice of the Peace is satisfied by informa- search
tion on oath by an authorized officer that there is reason- mmmt
able ground for suspecting-
(a) that any aquaculture, inland or marine product or
by-produd is in the possession or under the control
of any person on any premises in contravention of
the provisions of this Act or of any regulations
made hereunder; or
~(b) that there is in the possession of or under the
control of any person on any premises, any docu-
ment directly or indirectly relating to or connected
with any transaotion or dealing in any aquaculture,
inland or marine product or by-product which, if
carried out would be an offence against this Act,
or which relates to a transaction or dealing carried
out or intended to be carried out in any place out-
side the Island and which would be an offence
against the provisions of any corresponding law in
force in that place,
the Justice of the Peace may grant a search warrant author-
izing the authorized officer named in the warrant, at any
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29
RL-7
30 AQUACULTURE, INLAND A N D M A R I N E PRODUCTS A N D
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
time or times within one month from the date of the
warrant, to enter and search the premises, seize and datain
any document, aquaculture, inland or marine product or
by-product or detain any person found therein.
PART IX. General
37.-( 1) The Minister may make regulations for the pur-
poses of giving effeot to the provisions of this Act and,
in particular, but without prejudice to the generality of the
foregoing, such regulations may contain provisions in
Regulations.
to-
the carrying into effect of international standards
and recommended practices or health requirements
for the harvesting, processing, handling, storage
and transport of aquaculture, inland and marine
products and by-products;
the procedures for the licensing of processing
establishments, factory vessels, freezer vessels or
carrier vessels;
procedures for and the frequency of inspection of
licensed processing establishment and licensed
vessels;
procedure for the issuing of and conditions as to
the validity of, export health certificates;
the conditions for and the methods of demarcation,
approval and listing of producition areas, changes
or closure of those areas, and communication of
the list or changes to any importing country or any
person requesting same;
the monitoring and control of production areas in
relation to microbiological, chemical, environ-
mental contamination and marine bidoxins;
_ _ ~
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AQUACULTURE, INLAND AND MARINE PRODUCTS A N D
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
the regularity of supply of information to any
importing country or person;
the establishment, operation and maintenance of
laboratories or laboratory activities;
the prohibition of production and harvesting of
aquacullture, inland and marine products and their
by-products in production areas deemed unsuitable
by the competent authority;
standards required in relation to sanihtion and
hygiene in respect of licensed processing establish-
ments or licensed vessels;
requirements as to details of the health checks,
including hazard analysis critical control points
system for the production, harvesting, handling and
processing of aquaculture, inland and marine pro-
ducts and their by-products for export;
standards and requirements concerning aquacul-
ture, inland and marine products and their by-
products intended for export and the methods of
giving assurances that such standards and require-
ments are being complied with;
the wrapping, labelling and packaging of aqua-
culture, inland and marine products and their by-
products;
the manner of keeping records;
the monitoring of water and the sampling, testing
and examination of aquaculture, inland and marine
products and their by-products and any other
matter or thing;
the use of chemicals, chemical compounds, hor-
mones or addiltives in the production, harvesting,
handling and processing of aquaculture, inland and
marine products and their by-products;
31
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32 AQUACULTURE, INLAND AND MARlNE PRODUCTS A N D
BY-PRODUClS ( I N S P E C T I O N , L I C E N S I N G AND EXPORT)
(q) fees payable in respect of the licensing, insp t ion ,
sampling and such other service as the competent
authority may determine;
(Y) procedures and conditions relating to the micro-
biological and chemical examination and testing
of aquaculture, inland and marine products and
their by-products, at production areas, landing
sites, processing establishments, factory vessels,
carrier vessels and freezer vessels and at all stages
of the handling, transportation, processing and
export of such products and by-products;
(s) the conditions under which a register shall be made
available for inspection by the public and the fees
payable in relation to such inspection;
( t ) any other thing required by this Act to be
prescribed.
(2) Notwithstanding section 29 of the Interpretation
Act, regulations made under subsection (1) may provide
for the imposition of penalties on summary conviction in a
Resident Magistrate’s Court not exceeding a fine of one
million dollars or imprisonment for a term not exceeding
six mionths or to both such fine and imprisonment.
A O ~ applies 38. This Act binds the Crown.
to the
Crown.
SCHEDULE ( M o n 7)
Constitution and Procedure of the Veterinary Committee
Constitu-
Committee. Ob
1.41) The Veterinary Committee (hereinafter referred to as the
Committee) shall m i s t of-
(a) the Director of Veterinary Services;
(b) a Senior Veterinary Officer of the Veterinary Services Division
(c) the Director d Veterinary Public Health of the Ministry
appointed by the IXawtor d the VetSrinary Services;
responsible for health;
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AQUACULTURE, INLAND AND MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
33
(d) the Director of Fisheries Division of the Ministry responsible
for agriculture;
(e ) a Director of the Bureau of Standards;
(f) a representative of the Attorney General’s Department; and
(g) a member appointed by the Minister (hereinafter referred to
as the “appointed member”) who shall be a person with not
less than five years experience who is registered as a veterinary
surgeon under the Veterinary Act.
(2) The appointed member shall, subject to the provisions of
this Schedule, hold office, for a period not exceeding three years, as
the Minister may determine and shall be eligible fix reappointment,
(3) The Director of Veterinary Services shall be Chairman of
the Committee.
(4) The Senior Veterinary Officer shall be the Deputy Chairman
of the Committee.
( 5 ) In the case of absence or inability of the Ckairman. the
Deputy Chairman shall perform the funotions of the Chairman.
insmment in writing addressed to the Minister and such resignation
shall take effect as from the date of the receipt of such instrument by
the Minister.
2. The appointed member may at any time resign his office by ~ ~ i ~ ~ t i ~ ~ .
3. The Minister may at any time, if he thinks it expedient so to do, Revocation
of cuppoint-
4. If a vacancy occurs by reason of the appointed member being no Filling of
longer a member of the Committee, such vacancy shall be filled by mancy.
appointment in accordance with paragraph I (1) (g).
revoke the appointment of the appointed member. ’-;I rnmt.
5. In the case of the appointed member’s absence or inability to Acting
act the Minister may, in accordance with paragraph 1 (1) (g), appoint appoint-
any person to act temporarily in the place of the appointed member. ment*
6. The names of all members of the Committee as first constituted Gazetting
and every change in the membership thereof shall be notified in the of appoint-
Gazette. ment.
7. There shall be paid to the Chairman and the other members such Rmmem-
remuneration (whether by way of honorarium or fees) and such allow- tion of
ances as the Minister may deternine. rnmh.
8. The decision of the Committee shall be by a majority of votes Voting.
of the members. and in addition to an original vote, the Chairman shall
have a casting vote in any case in which the voting is equal.
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34 AQUACULTURE, INLAND A N D MARINE PRODUCTS AND
BY-PRODUCTS (INSPECTION, LICENSING AND EXPORT)
Procedure
and m e t -
in@.
9.-(1) The Committee shall meet at such times as may be necessary
or expedient for the transaction of its business and such meetings shall
be held at such places and times and on such days as the Gxnmittee
may determine.
(2) Minutes of each meeting of the Committee shall be kept
in proper form.
(3) the validity of the proceedings of the Committee shall not
be affeoted by virtue of any vacancy among the members thereof or any
defect in the appointment of a member thereof.
(4) Subject to the provisions of this Schedule, the Cbmmittee
may regulate its own proceedings.
( 5 ) The Chairman or, in the case of the inability to aot of the
Chairman, the Deputy Chairman shall preside at the meetings of the
Committee and in the absence of both the Chairman and Deputy
Chairman from any meeting, the members of the Committee present
shall elect one of their number to preside at that meeting.
Disolosure 10. Any member of the Committee who is directly or indirectly
Of interest. interested in any matter which is being dealt with by the Conunittee
(U) shall, as soon as possible after the relevant fads have m e
to his knowledge, disclose the nature of his inkrest at a
meeting of the Committee; and
(b) shall not be present at any meeting of the Committee when the
matter in which he has an interest is being deliberated unless.
by unanimous deoision of the remaining members of the
Committee, he is requested to be so present; and
(c) shall not take part in any deliberation or decision of the
Committee with respect to that matter when he is requwted
under sub-paragraph (b) to be present at such deliberation.
QlWrurn. 11. The quorum of the Committee shall be three members.
Protection 12.41) No action, suit, prosecution or other proceedings shall be
of members. brought or instituted personally against any member of the &nyni~ee
in respect of any act done bona fide in pursuance or execmon or
intended execution of this Aot.
(2) Where any member of the Committee is e x a p t fmn
liability by reason only of the provisions of this paragraph, the Cbm-
mittee shall be liable to the extant that it would be if the said member
were an employee or an agent of the Committee.
___-
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